26th Amendment case: Justice Mazhar defines constitutional bench as integral to SC

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2025-10-23T16:11:00+05:00

Islamabad (Web Desk): During the hearing of petitions against the 26th Constitutional Amendment, the eight-member constitutional bench of the Supreme Court made significant remarks on the legal status of Article 191A.

Justice Muhammad Ali Mazhar stated that Article 191A is a legitimate provision and can only become a part of the Constitution if it is valid; it cannot be ignored.

The bench is being led by Chief Justice Ameenuddin Khan, with Justices Jamal Mandokhail, Ayesha Malik, Hassan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal also part of the proceedings.

During the hearing, Justice Muhammad Ali Mazhar remarked, referencing the counsel for Sunni Ittehad Council, Aziz Bhindari, that the court must decide whether Article 191A is valid or not. Justice Naeem Akhtar Afghan raised the question of who should decide the correctness or incorrectness of Article 191A.

Justice Ayesha Malik questioned whether, in the absence of an advisory bench, the Supreme Court would cease hearing constitutional matters in the future, whether a full court could no longer be formed, and whether the formation of the Judicial Commission would be affected by Article 191A.

The hearing has been adjourned until November 10, to allow for further proceedings based on the bench's availability.
 
 

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